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Home Politics

Supreme Court restores Electoral Act provisions on party primaries

The apex court reinstated key Electoral Act 2026 provisions governing party membership registers and candidate nominations, as political parties insist their candidates remain compliant with the law.

AbdulBasit Saba by AbdulBasit Saba
September 28, 2026
in Politics
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Supreme Court of Nigeria
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The Supreme Court has restored key provisions of the Electoral Act 2026 governing political party primaries and membership registers, reaffirming statutory requirements for candidate nominations ahead of the 2027 general election.

In a unanimous judgment delivered by a seven-member panel led by Justice Adamu Jauro, the apex court allowed the appeal filed by the Independent National Electoral Commission (INEC), setting aside the earlier Court of Appeal decision that had nullified the disputed sections of the Act.

The court restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act, holding that the provisions do not conflict with the 1999 Constitution. It also reinstated the earlier judgment of the Federal High Court, which had dismissed the constitutional challenge brought by the Zenith Labour Party, and awarded ₦2 million in costs against the party.

Under the restored provisions, only members whose names appear in a political party’s membership register submitted to INEC at least 21 days before a primary, congress or convention are eligible to participate in the exercise. The law also requires parties to use the same membership register submitted to INEC during their nomination processes.

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The judgment has generated widespread political interest because most parties have already concluded their governorship and legislative primaries for the 2027 elections. Legal analysts say the ruling does not automatically invalidate candidates already nominated but restores statutory obligations that may become relevant where evidence of non-compliance is presented before a competent court.

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Following the verdict, several political parties maintained that their candidates remain validly nominated and fully compliant with the Electoral Act.

Saba AbdulBasit
AbdulBasit Saba

AbdulBasit Saba is a journalist and contributor to Freelanews.com, covering news, business, and public affairs.

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